Estate Planning After Divorce

patricia 2The termination of a marriage by divorce can be devastating.  While some may breathe a sigh of relief once the divorce decree is issued, others may mourn what they consider to be a tremendous loss.  Regardless of how someone approaches …

Welcome back to Beyond the Will! We spent the month of April considering whether and how a spouse may be disinherited in an estate plan, and what the disinherited spouse’s recourse might be. Our posts in May will take the …

Help, My Spouse Disinherited Me!

hether 2We previously discussed how Massachusetts protects a surviving spouse from disinheritance through a statutory elective share of the Estate.  But what if a surviving spouse’s statutory elective share is very small due to the family composition?  There are a few …

My Marriage Turned Rocky . . . Can I Disinherit My Spouse?

patricia 2After being married to your spouse for over twenty-five years, things have become a bit rocky in your relationship.  You and your spouse have two adult children and have decided, at least for now, to remain married.  However, you have …

Continuing to focus on one broad topic each month, our posts in April will examine the topic of spousal disinheritance.  We will discuss this topic from several different angles, including circumstances in which it could be an agreed-upon disinheritance through …

Lack of Capacity - The Basics

smith capacity 2Lack of capacity is, perhaps, the most common ground relied upon for challenging a will, trust, lifetime transfer, or beneficiary designation.  In addition to standing alone as a claim, it is often intertwined with claims of undue influence, discussed in …